Your Committee of the Whole - Community Services submits the following recommendations from its meeting held on January 14, 2013:

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1 January 28, 2013 Committee of the Whole Community Services Report # REPORT TO: Mayor and Members City Council Your Committee of the Whole - Community Services submits the following recommendations from its meeting held on January 14, 2013: 1. Rezoning Application PZ Victoria Street (CD ) THAT Zoning By-law Amendment Application PZ submitted by Peter Jovanovich, for lands located at 29 Victoria Street BE APPROVED, by changing the zoning on the lands from Residential Type 4A Zone Exception 11 (R4A- 11) to Residential Conversion Zone - Exception (RC-Exception) in accordance with the applicable uses and provisions as noted in Section 8.5, Development Considerations of Report CD Rezoning Application PZ Burke Avenue (CD ) A. THAT Zoning By-law Amendment Application PZ submitted by J.H.Cohoon Engineering Ltd., on behalf of B. Bethune for lands located at 11 Burke Avenue BE APPROVED by rezoning the lands to Residential Type 1B Zone Exception (R1B - Exception), in accordance with the applicable uses and provisions as noted in Section 8.5 Development Considerations of Report CD ; and B. THAT the proposed development be subject to approval of the required Site Plan Control Bylaw. 3. Part Lot Control Relief Application 29T Bissett Avenue (CD ) A. THAT Part Lot Control Relief Application 29T submitted by Armstrong Hunter & Associates on behalf of Empire Communities, applying to Blocks 44-46, inclusive, all on Registered Plan 2M-1920 BE APPROVED, and B. THAT the implementing Part Lot Control Bylaw not be presented to Council until all foundations for the proposed townhouses are in place and the applicant provides verification that the lots are in compliance with Zoning Bylaw and the Draft Reference Plan (Attached as Appendix C); and

2 Committee of the Whole Community Services Report # January 28, 2013 Page 2 C. THAT the implementing Part Lot Control Bylaw expires after a period of three years at which time Part Lot Control will be reinstated on the subject lands for reasons outlined in Report CD Proposed Amendment 2 to the Places to Grow Growth Plan for the Greater Golden Horseshoe, 2006 Population & Employment Forecasts (CD ) A. THAT Staff Report CD outlining the proposed changes to the Places to Grow Growth Plan for the Greater Golden Horseshoe, 2006 BE RECEIVED; and B. THAT Staff Report CD BE FORWARDED to the Ministry of Infrastructure as the City of Brantford s comments on Proposed Amendment 2 to the Places to Grow Growth Plan for the Greater Golden Horseshoe, Proposed Demolition in Demolition Control Area 205 Marlborough Street (CD ) THAT the Demolition Permit Application for 205 Marlborough Street BE APPROVED. 6. Proposed Demolition in Demolition Control Area 259 Dufferin Avenue (CD ) The following was DEFERRED to the January 28, 2013 City Council meeting to allow for Staff to provide a Report on the owners intentions for this property once the building is demolished and to provide an opportunity for the Heritage Committee to review the matter at its January 15, 2013 meeting and provide comments to Council: THAT the Demolition Permit Application for 259 Dufferin Avenue BE APPROVED. 7. Rezoning Application PZ Demolition Control By-law and Process (CD ) THAT the following BE DEFERRED to the Committee of the Whole Community Services meeting on February 4, 2013:

3 Committee of the Whole Community Services Report # January 28, 2013 Page 3 A. THAT staff Report CD outlining a new Demolition Control Bylaw and Demolition Control application process BE RECEIVED; and B. THAT Zoning Bylaw Amendment application PZ submitted by the City of Brantford to implement the provisions of Section 33(6) and 33(7) of the Planning Act BE APPROVED; and C. THAT the proposed Demolition Control Bylaw, attached as Appendix A to Report CD BE FORWARDED to Council for adoption; and D. THAT the Fees and Charges Bylaw BE AMENDED to incorporate the new demolition control application fee of $400; and E. THAT the new Demolition Control Process and Application BE APPROVED and deemed effective after the appeal period for Zoning Bylaw Amendment PZ has passed and there are no appeals of the implementing Bylaw; and F. THAT the proposed 2013 Operating Budget include an additional revenue of $4,400 for anticipated fees from Demolition Control Applications. 8. Special Event Policy (CD ) A. THAT Staff Report CD Special Event Policy BE RECEIVED; and B. THAT the Special Event Policy attached as Appendix A to Staff Report CD BE APPROVED; and C. THAT a By-law to adopt the Special Events Policy included in Staff Report CD BE PRESENTED to City Council for adoption; and D. THAT the City Clerk BE DIRECTED to update the Corporate Policy Manual to include this policy; and E. THAT Staff BE DIRECTED to include the Special Events Permit fees outlined in Staff Report CD in the 2014 Fees and Charges Bylaw.

4 Committee of the Whole Community Services Report # January 28, 2013 Page 4 9. Downtown Brantford Business Improvement Area Board of Management Boundary Expansion A. THAT the report, regarding the Downtown Brantford Business Improvement Area Boundary Expansion Request BE RECEIVED; and B. THAT staff BE REQUESTED to send out notice of intent to amend the designating bylaw to all existing and new businesses in accordance with the Municipal Act; and C. THAT staff PREPARE the necessary amending By-law. 10. Monthly Status Report on Construction Activity November 2012 (CD ) THAT Report CD , BE RECEIVED as information. 11. Proclamation - Alzheimers Awareness Month January 2013 WHEREAS dementia is a syndrome that causes a serious loss of cognitive ability and is the most significant cause of disability among seniors and can also affect people under the age of 65; and WHEREAS dementia is a progressive and degenerative disease that destroys brain cells; and WHEREAS Alzheimer's disease is the most common form of dementia, accounting for almost two-thirds of the over 500,000 Canadians who have been diagnosed with this syndrome; and WHEREAS in Brantford, there are more than 2,000 people with dementia, and for every one of them, at least 10 others family, friends, colleagues and neighbours are also impacted as care partners and advocates; and WHEREAS the role of the Alzheimer Society of Brantford is to provide free counselling, support groups and education to people with dementia and their families, as well as to educate health-care providers and increase public awareness of dementia; and WHEREAS in January of each year, the Society raises awareness about Alzheimer's through its signature fundraising event, Walk for Memories and Public Education;

5 Committee of the Whole Community Services Report # January 28, 2013 Page 5 NOW THEREFORE the Council of the Corporation of the City of Brantford does hereby PROCLAIM the month of January 2013 as ALZHEIMERS AWARENESS MONTH and encourage all residents of Brantford to unite during the annual Walk to honour people facing dementia and encourage all citizens to help reduce the stigma of Alzheimer s Disease and other dementias through education and increased awareness. 12. Building Construction Process Review WHEREAS concerns are expressed concerning the process surrounding building construction and demolition in the City of Brantford; and WHEREAS concerns relate to timeliness, customer service standards and relative ease of navigation of municipal red tape; THEREFORE BE IT RESOLVED that a working group comprised of Mayor Friel and Councillors Kings, Utley and McCreary, Carpenter and city staff conduct a complete review of the continuum of the building construction process in consultation with the business community and make recommendations to Committee of the Whole Community Services for improvements. 13. Joint Use Agreement between the City of Brantford, the Grand Erie District School Board and the Brant Haldimand Norfolk District School Board Roundtable Consultation - Additional Councillor Appointment WHEREAS City Council at its meeting held September 24, 2012 adopted a resolution to initiate a roundtable consultation with elected representatives from the Grand Erie District School Board and the Brant Haldimand Norfolk Catholic District School Board to identify the best way forward for improving the joint use agreement between the City of Brantford and the two District School Boards; and WHEREAS City Council at its November 13, 2012 meeting appoint Councillors Neumann and Vanderstelt to work with the Mayor on this initiative; and WHEREAS Councillor Kings has also expressed an interest in participating in these discussions; NOW THEREFORE BE IT THEREFORE RESOLVED that Councillor Kings BE ADDED as a member of the Joint Use Agreement between the City of Brantford, the GEDSB and BHNDSB Roundtable Consultation Task Force. Respectfully submitted, Councillor Neumann, Acting Mayor

6 MEMORANDUM Date: January 28, 2013 To: From: Subject: Mayor Friel and Members of City Council Gregory Dworak, General Manager, Community Services 259 Dufferin Avenue Demolition Permit Application At the Committee of the Whole meeting on January 14, 2013, Staff Report CD recommended the following: That the Demolition Permit Application for 259 Dufferin Avenue BE APPROVED. The item was deferred to the next Council meeting and the following resolution was adopted: THAT the resolution BE DEFERRED to the City Council meeting of January 28 th, 2013 to allow for Staff to provide a report on the owners' intentions for this property once the building is demolished and to provide an opportunity for the Heritage Committee to review the matter at their January 15 th, 2013 meeting and provide their comments to Council. Owner/Applicant Information The current owner of the property at 259 Dufferin Avenue, Anne Hyodo-Vandervet submitted a letter stating that she has accepted a conditional Agreement of Purchase and Sale of the property from buyers Don and Joyce Novak from Toronto. The letter authorizes Don and Joyce Novak to act as agents to apply for a Demolition Permit. On Dec. 12, 2012, the buyers submitted an application for a Demolition Permit for 259 Dufferin Avenue. The buyers indicated that it is their intention to demolish the existing house and rebuild a single family house. On January 15, 2013, staff contacted the buyers for additional information regarding the proposed style and design of the new house. Mrs. Novak indicated that they are now working with a local builder, Steven Szasz Construction. The proposed new house will be a one storey bungalow, approximately 1800 sq. ft., with a double garage attached and the exterior will be red brick similar to the existing house. It was noted that the footprint of the new house will be comparable to the current building in length however the width will increase as a result of the bungalow style and the

7 Mayor & Members of Council Page 2 January 28, 2013 attached double garage. Mrs. Novak also contacted Engineering staff to discuss site alteration during the demolition process. The buyers have not yet made a final decision if they will retain the existing in-ground pool or remove it during demolition. The possession date is February 28, 2013 and the buyers are taking steps to complete the house plans and begin construction in the spring. Brantford Heritage Committee Review The Brantford Heritage Committee, at its meeting on Tuesday January 15, 2013, reviewed the historical information for 259 Dufferin Avenue and the Official Plan policies regarding heritage designation criteria in accordance with the Ontario Heritage Act. Staff provided the Heritage Committee the following architectural and historical information: City Directory Information City directories provide historical information regarding the early occupants of the property. The following information for 259 Dufferin Avenue was obtained: s Walter Mitchell, contractor/builder Mr. W. Hilton, manager Read-McVicar Ltd Mr. Carswell Brown, manager Brantford Cordage Mr. Bruce Woods, Treasurer Cornell Construction 1990 present Anne Hyodo-Vandervet Architectural Information The existing house was built in Architecturally, it is an attractive two storey brick building and it appears to be in fair condition. There is no outstanding property standards order for this property however, there is visible damage to the roof and soffits that requires repair. The damaged roof area is shown in the photograph below.

8 Mayor & Members of Council Page 3 January 28, 2013 The building does not represent a specific architectural style. For example, it does not have features similar to some of the architectural styles found along Dufferin Avenue such as Italianate, Gothic, Queen Anne or Brantford Cottages. The building has influences of the Arts and Crafts style of architecture. The original owner of the property, Walter Mitchell was listed as a contractor/builder and it could be assumed that he built this house. Upon searching the Heritage Inventory, Walter Mitchell was also listed as the owner of 177 Nelson Street and 214 Brant Avenue, both are Brantford Cottages. The Heritage Inventory search does not suggest that Mr. Mitchell built or owned many houses. Members of the Committee were of the opinion that the property is over 100 years old and meets the Official Plan policies criteria for the Designation of Heritage Resources. The Heritage Committee made the following recommendation: That the Brantford Heritage Committee is opposed to the demolition of 259 Dufferin Avenue as it is a building of heritage interest to the City of Brantford and can be supported by the following subsections of the Official Plan Section the resource and associated features date from an important period in Brantford s historical development;.2 it is a good, representative, early or rare example of the work of an important architect, engineer, builder, designer, or other artisan, or it is a good, representative or rare example of its period, architectural style, building or design, method of engineering or construction or form of land use within the municipality;

9 Mayor & Members of Council Page 4 January 28, it is a good, representative example of a significant method of engineering or construction;.6 it is a good, representative example of outstanding interior design;.7 it makes an important contribution to the urban composition or streetscape which it forms a part. Options for Council s Consideration Council has the following options: 1. Approve the Demolition Permit. 2. Refuse the Demolition Permit. 3. Approve the Demolition Permit subject to Site Plan Control approval. 4. Approve the intent to designate the property at 259 Dufferin Avenue under Part IV of the Ontario Heritage Act. If Council refuses the Demolition Permit or fails to make a decision within 30 days, the owner may appeal to the Ontario Municipal Board. The purpose of the Demolition Control Bylaw is to prevent the premature demolition of the existing housing stock. The buyers of the property at 259 Dufferin Avenue have started preparing plans for the new construction of a single detached dwelling. The existing housing stock will not be impacted with the construction of a replacement dwelling. Recently Council has approved a number of Demolition Permit applications for properties located within the Demolition Control Area and has not requested the requirement for Site Plan Control approval where it was not mandatory. The buyers of 259 Dufferin Avenue are working with a local builder and preparing plans to construct a one story, brick bungalow that is approximately 1800 square feet. The proposed new construction conforms to the zoning regulations of the R1A Zone and single detached dwellings are not subject to Site Plan Control approval. However, in infill situations, the Ontario Municipal Board, the Committee of Adjustment and City Council have required that new single detached dwelling construction be subject to site plan control. The City has recently amended its Official Plan policies so that site plan control can be used to control the exterior design of buildings. Should Council wish to pursue this option, a bylaw to place the subject property under the City s Site Plan Control Bylaw must be approved. If Council approves the intent to designate the property at 259 Dufferin Avenue under the Ontario Heritage Act, the property owner may appeal to the Conservation Review Board. At this time, there is not sufficient architectural and historical evidence to support the recommendations of the Brantford Heritage Committee that the property

10 Mayor & Members of Council Page 5 January 28, 2013 meets the criteria for the designation of heritage resources. Research has not shown that the building is a good example of an architectural style, design or method of construction. The condition of the building interior cannot be substantiated as it has not been inspected. Rarely do municipalities consider the heritage designation of any interior features and the Sanderson Centre is the only heritage designated building in the City that includes interior heritage attributes. The building at 259 Dufferin Avenue was built in 1910 and the adjacent buildings were constructed in 1951 and Neighbouring buildings vary in terms of construction dates and styles. In conclusion, Staff continues to support the approval of the demolition permit application; however, Council may wish to add the requirement that the construction of the new single detached dwelling be subject to Site Plan Control. Yours truly, Gregory Dworak, MCIP, RPP General Manager Community Services Attachs: Appendix "A" Letter from Anne Hyodo-Vandervet Appendix "B" - Staff Report CD

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