Despite the short agenda of just a few delegations and agenda items, the April 16th Council meeting was definitely “eventful”.

Here are the official minutes (which really don’t give any indication of what actually happened):,1965,90198,90113,1127&preview=93436

10 Windward Drive (Rosebay/Rosehaven) –  Dorothy Bothwell, Delegation and Franz Kloibhofer, Delegation for Rosebay

Ms. Bothwell thanked Planning staff for their efforts to deliver excellent service to the public with the significant demands on their time and resources due to the unprecedented amount of growth in our Town. She brought to the attention of Council that an initial version of the planning report on the 10 Windward proposal that had been posted to the Town website on April 6th erroneously indicated that Council had approved a previous amended site plan application at the October 2, 2017 Council meeting.

In fact the amended site plan application had not been discussed at the September 26th P&D meeting and was immediately deferred by request of the applicant and thus never even reached Council .

The April 10th planning report was subsequently modified and re-posted.  She requested that Council consider that anything posted as an official document publicly on the Town website and then changed, should note the revisions with an explanation.

In addition, Ms. Bothwell noted that the maximum floor area ratio (gross floor index – density) presented at P&D committee and shown in the planning report exceeded the approved zoning bylaw. The lot area in the report was shown as 9,145 sqm and the gross floor area as 22,902 sqm with a gross floor index of 2.504.  The maximum permitted floor area ratio is 2.5 times the lot area, therefore, it exceeds the approved zoning bylaw by 39.5 sqm.  Zoning bylaw site-specific exceptions set exact numbers for height, density, setbacks, maximums and minimums.

Rosebay’s planner, Franz Kloibhofer, responded by stating that a new survey had just been done March 27th and the actual lot area was 9,168 sqm making the gross floor index 2.498 and just below the 2.5 times the lot area permitted maximum.  Both the Chair of Planning, Alderman DiFlavio and Mayor Bentley asked Mr. Kloibhofer where the additional land had come from.  Mr. Kloibhofer responded that he believed it was additional frontage on Winston Road as a result of the reconstruction.  Mayor Bentley stated that it is a technicality, but still important that it be correct.  Deputy Director of Planning, Mr. Basic, indicated that the site plan statistics will be updated with the new survey information and that the application will have conditions associated with it that must be met before the building permit will be issued, as is standard practice.

Alderman Kadwell inquired as to what amenities were being provided to residents on-site.  The response from Mr. Kloibhofer was that there will be a rooftop patio on the 20th floor as well as many indoor amenities and outdoor landscaped areas . Alderman Johnston asked that they consider installing sprinklers in both the apartment building and townhouse units.  He responded that they are meeting and exceeding the fire department’s requirements and building code standards. Alderman Berry also suggested that there is a need to work towards getting sprinklers in all buildings and to get the new fire station in the West End.

Alderman Wilson asked if the developer would consider donating a unit to Habitat for Humanity.  Mr. Kloibhofer responded that it was not something they were considering.  Mayor Bentley noted that a developer (LJM) at a recent Mayor’s Gala had committed to donating a unit and two other developers attending the event were also considering making a donation. Mr. Kloibhofer stated that he would relay that information back to the developer.

Alderman DiFlavio stated that he had discussed the new site plan with the peer reviewer (SGL) over the weekend.  He still felt that looking at siting the apartment building more to the south, closer to Windward, would significantly decrease shadows and commented that the peer reviewer did not disagree with him. Mr. Kloibhofer stated that the Town’s own OP and Secondary Plan promote a vibrant, visually stimulating Winston Main Street with buildings close to the street.  Alderman DiFlavio did not disagree, but noted that we have to get it right.  Mr. Kloibhofer stated that regardless if the building were shifted south, it would still project significant shadow across the Lakehouse subdivision and that P&D had voted unanimously to support this plan on April 10th.

The $100,000 for Section 37 height bonusing “community benefits” was discussed and if the increase to 20 storeys would result in re-negotiations.  The town planner noted that the height was still within the approved zoning bylaw maximum (68m) so there would be no need to change the bonusing amount. Alderman DiFlavio also stated that good planning always comes first and that it is not a trade-off to get community benefits. With regard to the bonusing amounts negotiated for both LJM and Rosebay, he stated that “he felt uncomfortable” as “we’ve never had to do it before” and it will be up to the immediate community to determine how those monies are spent.

Alderman Mullins suggested the bonusing monies could be used for a community centre or fire hall.  Alderman DiFlavio noted that these fall under development charges.  Alderman Mullins then suggested maybe a fire truck.  Alderman DiFlavio noted that it will be a temporary advisory committee including citizens of the immediate community who would bring forward recommendations to Council for their decision as to how these funds will be spent.  (Read more about Section 37 bonusing and the Open House on the consultant’s report in our post here)  A statutory public meeting is expected to be held within the next few months to finalize the OP amendment, negotiation framework and scope of community benefits.

The P&D agenda item for 10 Windward was lifted from the minutes and Aldermen agreed to have it deferred back to P&D for the peer reviewer to also provide input, with the motion:

C-18-72 Moved by Alderman Berry; Seconded by Alderman Kadwell; Resolved that the Council of the Town of Grimsby return Report PA 18-10 back to the Planning & Development Committee for further consideration of the lot area and gross floor area to be updated to ensure conformity to the Zoning By-law 14-45 and the peer reviewer be asked to attend to comment on site location of building.

Following the motion, the planner and representatives from Rosebay left chambers followed by Mr. Basic. Alderman DiFlavio also left his seat at Council to follow them into the lobby area where it appeared an “animated” discussion occurred.  The Town Clerk left to bring Alderman DiFlavio back at which time the remainder of the P&D minutes were passed and the Council agenda proceeded.

Woolverton Road Cannabis Research Facility

For some background, read our previous post on this Committee of Adjustment item by clicking here.

Mayor Bentley commented on the Committee of Adjustment minutes and the cannabis research lab recently approved for 194 Woolverton Road. He suggested that it would be timely to ensure that the Town zoning bylaw indicates appropriate locations for these types of operations to avoid undesirable impacts.  Alderman Johnston indicated that she was aware of a marihuana dispensary coming to downtown Main Street.  Mayor Bentley noted that if it’s a dispensary selling product it would be illegal as locations are to be controlled by LCBO.  Town Manager Brandt commented that it would be up to the Niagara Regional Police to enforce the law and shut them down.

Alderman Berry noted that the Association of Municipalities Ontario (AMO) has just posted a guide to cannabis legislation.  Mayor Bentley also commented that he was aware of a greenhouse operation below the escarpment within our boundaries that has asked about it.

April 17, 2018 – Committee of the Whole –  Budget Deliberations

The budget was approved in principle by Committee of the Whole on April 17th and will go to Council for final approval on May 7th.  The 2018 net levy increase is 4.35%, 4.4% in the sanitary sewer levy, and 4.1% in water expenditures.  For a property with a median assessment of $352,000, the Town’s portion of property taxes will increase by $92 for the year and the average water bill will increase by $31.

The 2018 consolidated budget summary will be posted on the Town’s website at once approved by Council on May 7, 2018.

That’s all for now.  Have a good weekend!