Regular Council in Committee

THAT:The order of the Agenda be changed to consider Report Nos. CDS-59-09, CDS-61-09 and CDS-60-09 first. (

THAT:Report No. CDS-59-09 regarding Zoning By-law Amendment located at 1499 House Road be received for information purposes, and further THAT: A report on the Zoning By-law Amendment be presented to a future Council-in-Committee meeting with the recommendations subsequent to the Public Meeting. (

THAT:The Draft Secondary Plan be and it is hereby amended by including therein the Frenchman’s Creek (North Bridgeburg) Area as per the Council- adopted Bridgeburg Neighbourhood Plan, and that the following wording be included in the Policy document: “FRENCHMAN’S CREEK (NORTH BRIDGEBURG) AREA – Site Specific Policy Area I. The Frenchman’s Creek (North Bridgeburg) Site Specific Policy Area applies to those lands identified as such on Schedule “A2”. These lands north of Arcadia Street Road Allowance are designated in part as Urban Residential, Open Space, Commercial, Institutional, Environmental Conservation Overlay and Environmental Protection. Development shall be in accordance with the policies associated with these designations. Development may proceed upon inclusion of these lands in the Urban Area Boundary of the Regional Niagara Policy Plan. II. Given the significant natural heritage features on site, an Environmental Planning Study (EPS) completed by a qualified consultant on behalf of the developer(s) or property owner(s), will be required in accordance with the Natural Heritage Section of this plan. The EPS should be completed in association with a Neighbourhood Plan outlining how the lands will be developed and serviced in accordance with the policies of this plan. A Comprehensive Servicing Study and overall Storm Water Management Plan will form important components of the Neighbourhood Plan.” (

THAT:Report No. CDS-61-09 regarding Official Plan and Zoning By-law Amendments to implement the Bridgeburg Secondary Plan, as amended, be received for information purposes, and further THAT:A Report on the Official Plan and Zoning By-law Amendments be presented to a future Council-in-Committee meeting with the recommendations subsequent to the Public Meeting. (

THAT:The modifications to the new Official Plan be and they are hereby amended to provide that the Frenchman’s Creek (North Bridgeburg) Area remain as a Site Specific Policy Area in the new Official Plan as adopted by Council in September 2006 with the following wording for the Site Specific Policy Area to be included in the said Official Plan: “FRENCHMAN’S CREEK (NORTH BRIDGEBURG) AREA – Site Specific Policy Area I. The Frenchman’s Creek (North Bridgeburg) Site Specific Policy Area applies to those lands identified as such on Schedule “A”. These lands north of Arcadia Street Road Allowance are designated in part as Urban Residential, Open Space, Commercial, Institutional, Environmental Conservation Overlay and Environmental Protection. Development shall be in accordance with the policies associated with these designations. Development may proceed upon inclusion of these lands in the Urban Area Boundary of the Regional Niagara Policy Plan. II. Given the significant natural heritage features on site, an Environmental Planning Study (EPS), completed by a qualified consultant on behalf of the developer(s) or property owner(s), will be required in accordance with the Natural Heritage Section of this plan. The EPS should be completed in association with a Neighbourhood Plan outlining how the lands will be developed and serviced in accordance with the policies of this plan. A Comprehensive Servicing Study and overall Storm Water Management Plan will form important components of the

THAT:The modifications to the new Official Plan be and they are hereby further amended to include the following provisions in the Commercial section of the new Official Plan: “The property known as part of Lot 1, Concession 3 (Lake Erie), Bertie Township in the Town of Fort Erie, Regional Municipality of Niagara, comprising 4.95 hectares and situated on the south side of Garrison Road, west of Helena Street is strategically located within the Town’s major commercial corridor, and further A span bridge crossing of the watercourse and associated wetlands is supported to ensure the viable, efficient and cohesive development of this important commercial property. The Environmental Conservation Area policies of the Plan shall not apply to the subject property based on the Environmental Impact Study that has been submitted.” (

THAT:The modifications to the new Official Plan be and they are hereby further amended to include lands on the south side of Michener Road, west of Schooley Road (Fieretag property) as Urban Residential under a Special Policy Area. (

THAT:Council hereby supports the modifications to the new Official Plan, as amended, and outlined in Report No. CDS-60-09, and further COUNCIL-IN-COMMITTEE MINUTES – MONDAY, OCTOBER 5, 2009 PAGE FIFTEEN THAT:The Town request the Region to finalize its review process and forward the new Official Plan with modifications to Regional Council for approval, and further THAT:Council hereby commit to ensuring further mandated policy amendments to address population and intensification targets are made to the Official Plan by June 16, 2010. (

THAT: The application to amend the Official Plan and Zoning By-law No. 129- 90 at 33 Princess Street be approved, and further THAT:An Official Plan Amendment be submitted to Council changing the Official Plan designation of the subject lands from "General Commercial" to "Urban Residential", and further THAT:The change in the proposal from a 2 storey 29 unit apartment building to a 3 storey 30 unit apartment building is considered minor, and further THAT:Pursuant to Subsection 34(17) of the Planning Act, Council determine that no further notices of the change be given, and further THAT:A Zoning By-law Amendment be submitted to Council changing the zoning of the subject lands from "General Commercial C-2-372(H) Zone" to a "Site Specific Residential Multiple Holding 2 RM2(H) Zone" to construct a new 30 unit apartment complex, and further THAT:The holding provision not be removed until the Site Plan Agreement and Archaeological Assessment has been completed to the satisfaction of the Town. (

THAT:Council hereby award the "Fort Erie Skate Park - Design Services" contract to LANDinc Sport for an upset limit of $54,985.00, excluding g.s.t., and further THAT:A by-law be submitted to Council authorizing the Mayor and Clerk to execute the Contract Agreement. (

THAT:Council hereby support the extension of Draft Plan Approval for the High Pointe Draft Plan of Subdivision to December 24, 2011, and further COUNCIL-IN-COMMITTEE MINUTES – MONDAY, OCTOBER 5, 2009 PAGE SIXTEEN THAT:The Owner and the Development Service Division of the Regional Niagara Public Works Department be so advised. (

THAT:Council hereby supports the extension of Draft Plan Approval for the Spears Road Draft Plan of Subdivision to August 11, 2011, and further THAT:The Owner and the Development Service Division of the Regional Niagara Public Works Department be so advised. (

THAT:The Town hereby enter into a Development Agreement with 1729654 Ontario Ltd., subject to receipt of the final drawings to Town's satisfaction, and further THAT:The Mayor and Clerk be authorized to execute the Development Agreement and requisite documents. (

THAT:Council Rules of Procedure By-law No. 145-06, as amended be waived to permit a motion for reconsideration without notice and that the matter of Report No. CDS-62-09 be reconsidered. (

THAT:Consent is hereby granted to consider a Corporate Services report under due to extra-ordinary circumstances. (

THAT:The redivision of the ward boundaries in accordance with Appendix "2" annexed to the report be and it is hereby approved, and further THAT:The Clerk be directed to publish notice in accordance with the requirements of the Municipal Act, 2001 and the Town's Public Notice Policy advising the public of Council's intention to consider a by-law at a Special Meeting of Council to be held October 19, 2009 to redivide the ward boundaries effective with the 2010 Municipal Election, and further THAT:A Special Meeting of Council shall be scheduled for October 19, 2009 at 6:00 p.m. to hear any person who may wish to speak to the matter and to consider a by-law to redivide the ward boundaries, and further COUNCIL-IN-COMMITTEE MINUTES – MONDAY, OCTOBER 5, 2009 PAGE NINETEEN THAT:Council Rules of Procedure By-law No. 145-06, as amended be suspended in order to commence the Regular Council-in-Committee Meeting of October 19, 2009 immediately following the Special Meeting of Council. (

THAT:Council-in-Committee does now hereby adjourn at 9:05 p.m. (