Holly Dowd Chief Administrative Officer
Craig Larmour Director, Community & Development Services
Sheldon Randall Director, Operations
Rob Grimwood Fire Chief
Eric Withers Manager of Planning
Raymond Tung Urban Design Specialist
Jesse Auspitz Planner II
Peter Todd Town Clerk
Colleen Hutt Deputy Clerk

Suzanne Mason TorStar
Sarah Ferguson The Lake Report

1. CALL TO ORDER

Chair Councillor Paolo Miele called the meeting to order at 6:45 p.m.

2. ADOPTION OF AGENDA

Councillors requested the following items be added to the agenda:

• Councillor Betty Disero requested to speak under New Business.
• Councillor Jamie King requested to speak under New Business.
• Councillor Jim Collard requested to speak under New Business.
• Councillor Paolo Miele requested to speak under New Business.

Moved by Betty Disero that the agenda be adopted, as amended.

APPROVED.

3. CONFLICT OF INTEREST
Councillor Jamie King declared a conflict of interest with CDS-18-043 - 493-507 Line 2 Road as he lives within the notice area.

Councillor Betty Disero declared a conflict of interest with CDS-18-041 as she lives within the notice area and the Public Meeting for 360 Simcoe Street as she owns property within the notice area.

4. STATUTORY PUBLIC MEETING UNDER THE PLANNING ACT

The Chair welcomed those in attendance and noted there are four public meetings this evening. The Chair explained the process for the meetings and read the Planning Act requirements for submission of an appeal to the Ontario Municipal Board.

At the request of the Chair, it was confirmed by the Recording Secretary that notice of the public meetings to inform the public of the proposals, was complied with as per the Planning Act.

The Chair advised that anyone wishing to receive notice should leave his or her name with the Recording Secretary.

4.1 963 Queenston Road - Zoning By-law Amendment

This public meeting was cancelled at the request of the applicant and will be rescheduled for a later date.

4.2 108-114 Tanbark Road - Zoning By-law Amendment

At the request of the Chair, Raymond Tung, Urban Design Specialist, Community & Development explained this is an application to rezone the subject lands to permit 8 new lots for single-detached residential purposes. The subject lands are currently zoned Residential 1 (R1) Zone and Residential 1– Site Specific (R1-11) Zone in the St. Davids Community Zoning District. A concurrent Draft Plan of Subdivision application has been received to create a residential subdivision of eight lots for the purposes of single-detached residential dwellings.

The Chair asked if there was anyone present to speak in favour to the proposal.

John Perry, Land Use Planning Consultant was present on behalf of the applicant. Mr. Perry provided background information in regard to the application. Mr. Perry stated that his client wishes to develop an eight lot subdivision. He further stated that the application was to adjust lot frontage and lot area. The application is consistent with provincial, regional, and municipal policies with the exception of the zoning by-law. Mr. Perry further spoke to a Town tree and parking on the individual lots.

Mr. Perry answered questions from the Committee regarding lot sizes, landscaping plan, active transportation and sidewalks.

Chair Councillor Paolo Miele thanked Mr. Perry for coming forward.

The Chair asked if there was anyone present to speak in opposition to the proposal.

James Johnson, 117 Tanbark Road stated opposition to the application. Mr. Johnson stated his concerns are lot sizes, height, traffic concerns, driveway alignment, preservation of trees and water pressure. Mr. Johnson felt the development did not fit in the area.

Tony Vizzari, 111 Tanbark Road, spoke in opposition to the application. Mr. Vizzari stated the development did not fit in the area.

Chair Councillor Paolo Miele thanked Mr. Johnson and Mr. Vizzari for coming forward.

4.3 360 Simcoe Street - Zoning By-law Amendment

Councillor Betty Disero previously declared a conflict of interest with the Public Meeting for 360 Simcoe Street as she owns property within the notice area. She did not take part in the discussion for this application.

At the request of the Chair, Raymond Tung, Urban Design Specialist, Community & Development explained this is an application to amend the zoning by-law for lands known municipally as 360 Simcoe Street to change the lot frontage. The lands are currently zoned Established Residential (ER). This amendment is to facilitate a future consent application to create a new lot.

The Chair asked if there was anyone present to speak in favour to the proposal.

Greg Taras, Upper Canada Consultants was present on behalf of the applicant. Mr. Taras provided background information in regard to the application. Mr. Taras stated that a number of studies were undertaken by the applicant including archaeological and streetscape studies. He further referred to an electronic presentation and provided a review of provincial, regional, and municipal policies relative to the application.

Mr. Taras answered questions from the Committee with regard to lot sizes, lot frontages and trees. Jay Carfagnini, Owner was present to answer questions regarding trees and landscaping.

Chair Councillor Paolo Miele thanked Mr. Taras and Mr. Carfagnini for coming forward.

The Chair asked if there was anyone present to speak in opposition to the proposal.

No one came forward to speak in opposition of the proposal.

4.4 N/S William Street - Zoning By-law Amendment

At the request of the Chair, Jesse Auspitz, Planner II, Community & Development explained this is an application to amend the zoning by-law for lands located on the north-side of William Street, east of Circle Street to “Established Residential (ER)” with site-specific provisions pertaining to lot frontage and lot depth, to facilitate the development of up to six (6) dwelling units for single-detached dwelling purposes, on up to five (5) new lots, plus one (1) retained lot.

The Chair asked if there was anyone present to speak in favour to the proposal.

Stephen Bedford, Landx Developments Ltd. was present on behalf of the applicant. Mr. Bedford provided background information in regard to the application. He further referred to an electronic presentation and provided a review of provincial, regional, and municipal policies relative to the application.

Robert MacInnis, Owner spoke to the history and future plan of the property. Mr. MacInnis further spoke to the trees and the proposed dwelling for the property. Mr. MacInnis answered questions from the Committee regarding the second lot.

Chair Councillor Paolo Miele thanked Mr. Bedford and Mr. MacInnis for coming forward.

Dave Cox, 474 William Street spoke in support of the application. Mr. Cox stated he was pleased that the property was not going to be developed into a subdivision. Mr. Cox further stated they were pleased with the setback of the proposed dwelling but did have a concern with potential future lots.

Chair Councillor Paolo Miele thanked Mr. Cox for coming forward.

The Chair asked if there was anyone present to speak in opposition to the proposal.

Gretel Green, 11 Oak Drive stated concern with the proposal and the potential future lots. Ms. Green spoke to the Environmental Impact Statement and One Mile Creek. Ms. Green further spoke to this being a woodlot and breeding birds.

Chair Councillor Paolo Miele thanked Ms. Green for coming forward.

5. DELEGATIONS/ PRESENTATIONS

5.1 Austin Kirby, 1601 Concession 2 Road
CDS-18-037 - Urban Tree By-law

Austin Kirkby spoke to Community and Development Services Report regarding the proposed urban tree by-law. Ms. Kirkby spoke to two issues. The removal of trees on private property within urban areas because of development and the loss of green ash trees due to the Emerald Ash Bore. Ms. Kirkby further spoke to the proposed policy section, exemptions, applications for permit, issuance of permits and other options.

Chair Councillor Paolo Miele thanked Ms. Kirkby for the presentation.

5.2 Douglas Gibson, 96 Garrison Village Drive
CDS-18-042 - 111 Garrison Village Drive Planning Application Petition

Douglas Gibson stated opposition to the proposed development. Mr. Gibson spoke to a petition signed by residents with concerns with the zoning application. He further stated that they did not support a short/long term housing or a hotel.

Chair Councillor Paolo Miele thanked Mr. Gibson for the presentation.

5.3 Diane Fahlman, 33 Samuel Street
CDS-18-042 - 111 Garrison Village Drive Planning Application Petition

Diane Fahlman spoke in opposition to the proposed development. Ms. Fahlman further spoke to a petition signed by residents with concerns with the zoning application. Ms. Fahlman stated concerns with traffic volume and flow impact study to benefit both residents and visitors.
Chair Councillor Paolo Miele thanked Ms. Fahlman for the presentation.

5.4 John Hawley, 42 Garrison Village Drive
CDS-18-042 - 111 Garrison Village Drive

John Hawley spoke to the short and long term rentals on Perez Street. Mr. Hawley further spoke to the staff report regarding the proposed development. Mr. Hawley discussed heights and the size of the proposed hotel.

Mr. Hawley answered questions in regard to parking, future residential, access onto property and heights of buildings. Chair Councillor Paolo Miele thanked Mr. Hawley for the presentation.

5.5 Leigh Whyte, Quartek Group
CDS-18-043 - 493-507 Line 2 Road

Councillor Jamie King previously declared a conflict as he lives with the notice area. He did not take part in any discussion with his matter.

Leigh Whyte was present on behalf of the applicant. Mr. Whyte referred to an electronic presentation showing elevations of the proposed building and provided an update to the Committee in regard to the application specifically planning policy, traffic, engineering, landscaping, building configuration and heritage.

Mr. Whyte answered questions from the Committee with regard to a drainage plan, traffic study and peer review, and school board comments.

Chair Councillor Paolo Miele thanked Mr. Whyte for his presentation.

5.6 Margaret Louter, 32 Henry Street
CDS-18-043 - 493-507 Line 2 Road

Margaret Louter was present to speak to concerns with the proposed development. Ms. Louter presented a petition on behalf of 60 residents and their concerns. Ms. Louter further spoke to traffic concerns at the corner of Niagara Stone Road and Line 2 Road and the traffic study.

Margaret Louter answered questions from the Committee with regard sidewalks and traffic concerns. Chair Councillor Paolo Miele thanked Ms. Louter for her presentation.

5.7 Anthony Annunziata, 1882 Niagara Stone Road
CDS-18-043 - 493-507 Line 2 Road

Anthony Annunziata stated he was opposed to the zoning and official plan amendment application for the Line 2 Road property. Mr. Annunziata spoke to the Municipal Conflict of Interest Act. He further stated that he felt that the staff report was incomplete.

Chair Councillor Paolo Miele thanked Mr. Annunziata for the presentation.

Councillor Jim Collard left the meeting during the presentation of this delegate. Councillor Jim Collard returned at the conclusion of presentation.

5.8 LLoyd Redekopp, 1536 Four Mile Creek Road
CDS-18-043 - 493-507 Line 2 Road

Lloyd Redekopp, Owner was present to speak in support of the staff report for the application. Mr. Redekopp stated that they had signed commitments that represented 75% capacity for the building and further spoke to Urban Design, the traffic and market studies.

Chair Councillor Paolo Miele thanked Mr. Redekopp for the presentation.

5.9 Maurizio Rogato, Solmar Group
CDS-18-045 - Northwest and Southeast Corners of John Street West and Victoria Street

Maurizio Rogato was present on behalf of the owner of both draft plan of subdivisions. Mr. Rogato updated the committee on the landscaping and the tree plan. Mr. Rogato requested the committee not make any changes to the draft plans.

Chair Councillor Paolo Miele thanked Mr. Rogato for the presentation.

6. CONSENT AGENDA:

At this time the Chair asked for members to identify any items to be lifted for separate discussion.

Councillor Jim Collard requested that Reports CDS-18-037 and CDS-18-045 be lifted for separate discussion.

Councillor Jamie King requested that Report CS-18-017 be lifted for separate discussion.

Councillor Maria Bau-Coote requested that Report CDS-18-043 be lifted for separate discussion.

Moved by Lord Mayor Pat Darte that the Consent Agenda be approved, with the exception of items listed for separate discussion above, and the recommendations contained therein be forwarded to Council for adoption.

APPROVED.

(a) Items Not Requiring Separate Discussion

The following reports were not lifted for discussion and the recommendations contained within the reports were approved as presented as follows:

CDS-18-038 File No(s). ZBA-10-2018 & SP-09-2018 - 1360-1366 York Road (Ravine Vineyard Estate Winery) - Applications for Zoning By-law Amendment and Site Plan Amendment

1.1 The application for Zoning By-law Amendment for 1360-1366 York Road be approved;

1.2 The draft Zoning By-law Amendment, attached as Appendix B, be forwarded to Council for adoption; and

1.3 The draft Site Plan Amending Agreement, attached as Appendix C, be forwarded to Council for adoption.

CDS-18-039 File No. 26CD-18-17-02 - Apricot Glen Phase 4 (W/S Four Mile Creek Road) - Condominium Agreement

1.1 The Condominium Agreement having the File No. 26CD-18-17-02, for the lands known municipally as Apricot Glen Phase 4 being Part of Lot 90 in the Town of Niagara-on-the-Lake for the development of a vacant land condominium to permit nine (9) units, be approved.


CDS-18-040 File No. ZBA-02-2018 - 13 Plantation Drive - Application for Zoning By-law Amendment

1.1 The Zoning By-law Amendment application for lands known Municipally as 13 Plantation Drive, legally described as Niagara PT Lot 118, RP 30R14262 Part 3, be approved; and

1.2 The draft Zoning By-law Amendment, attached as Appendix B to this report, for lands known municipally as 13 Plantation Drive, being legally described as Niagara PT Lot 118, RP 30R14262 Part 3, be forwarded to Council for adoption.


CDS-18-042 File No. ZBA-14-2018 - 111 Garrison Village Drive - Application for Zoning By-law Amendment

1.1 The Zoning By-law Amendment for lands known municipally as 111 Garrison Village Drive be approved; and

1.2 The draft Zoning By-law Amendment for lands known municipally as 111 Garrison Village Drive, attached as Appendix B to this report, be forwarded to Council for adoption.

CDS-18-044 File No. 26T-18-16-05 (Vintages at Four Mile Creek) - Subdivision Agreement

1.1 the Subdivision Agreement having File No. 26T-18-16-05 (Vintages at Four Mile Creek), attached as Appendix C, for lands known municipally as W/S Four Mile Creek Road, southwest of the intersection of Four Mile Creek Road and Line 9 Road, consisting of Part of Township Lot 88 Niagara designated as Part 1, Reference Plan 30R-1477, in the Town of Niagara-on-the-Lake, and shown on the draft 30M Plan attached as Appendix B, be approved.

CS-18-016 Delegation of Authority - Adult Entertainment Establishments

1.1 the daft by-law, attached as Appendix I to this report, being a by-law to delegate to the Regional Municipality of Niagara the power to license, regulate and govern adult entertainment establishments or any class or classes thereof, be forwarded to Council for approval.

FES-18-029 Regional Hazardous Materials Response Team Memorandum of Understanding

1.1 the Fire Chief be directed by Council to execute the Memorandum of Understanding (MOU) found as attachment 1 to this report that governs the Regional Hazardous Materials Response Team.

OPS-18-029 Parking and Traffic Bylaw Amendment for Pay Parking at 176 Wellington Street

1.1 That draft By-law 4308X-18, amending Parking and Traffic Bylaw "Schedule C - Parking Prohibitions" and "Schedule G - Metered Parking Zones", be forwarded to council for approval.

APPROVED.

(b) Items Requiring Separate Discussion

Council lifted the following reports for discussion and voted on the recommendations contained in the reports separately.

CDS-18-037 By-law to Protect Trees on Private Property in the Urban Areas

Discussion took place regarding:

• by-law does not consider all properties
• by-law does not consider all tree types
• budget considerations
• challenges for staff
• tree sizes
  

Moved by Lord Mayor Pat Darte that the meeting time be extended to the completion of the agenda.

APPROVED.

Moved by Councillor Collard that an exemption be included for weed trees and problematic trees.

APPROVED.

Moved by Councillor Betty Disero that reconsideration be granted for the use of a licensed arborist when identifying dead trees.

APPROVED.

Moved by Councillor Jim Collard that the by-law apply to all rural residential and urban residential properties.

DEFEATED.

Moved by Councillor Betty Disero that an exemption be made for working farms in urban areas.

APPROVED.

Moved by Councillor Betty Disero that the definition of a regulated tree include the standard DBH.

APPROVED.

Moved by Councillor Jim Collard that the recommendation contained in Community & Development Services Report CDS-18-037 be amended and approved as follows:

1.1 Council receive Report CDS-18-037 concerning a "By-law to Protect Trees on Private Property in the Urban Areas" for information;
1.2 the draft Bylaw to Protect Trees on Private Property in the Urban Areas be forwarded to Council for approval and include the following revisions as directed by Council:

1.2.1 to include an exemption for weed trees and problematic trees;
1.2.2 to reconsider the use of a licensed arborist when identifying dead trees;
1.2.3 that clarification be provided on whether the by-law can permit an exemption for working farms in the urban areas;
1.2.4 that the definition of a regulated tree includes the standard DBH.

1.3 Council direct 2018 funding for the staffing and budget impacts for the implementation of a By-law from the Parking Reserve; and
1.4 Staff be directed to prepare the necessary Permit Application Forms and Fees for Council consideration and approval.

APPROVED, AS AMENDED.

Councillor Paolo Miele stepped down as Chair and Lord Mayor Pat Darte took the Chair.

CDS-18-041 File No. ZBA-06-2018 - 427 Butler Street - Application for Zoning By-law Amendment

Councillor Betty Disero previously declared a conflict of interest with CDS-18-041 as she lives within the notice area. She did not take part in any discussion or vote on this matter.

Moved by Councillor Jim Collard that the recommendation contained in Community & Development Services Report CDS-18-041 be approved as follows:

1.1 The application for Zoning By-law Amendment for lands known municipally as 427 Butler Street be approved; and

1.2 The draft Zoning By-law Amendment and Schedule for lands known as municipally as 427 Butler Street, attached as Appendix B respectively to this report, be forwarded to Council for adoption.

APPROVED.

CDS-18-043 File Nos. OPA-01-2018 & ZBA-04-2018 - 493-507 Line 2 Road - Applications for Official Plan Amendment and Zoning By-law Amendment

Councillor Jamie King previously declared a conflict of interest with CDS-18-043 as he lives within the notice area. He did not take part in any discussion or vote on this matter.

Discussion took place regarding:

• concern with corner of Niagara Stone Road and Line 2 Road
• buffering for the residential properties
• traffic study and safety measures
  

Moved by Councillor Maria Bau-Coote that the recommendation contained in Community & Development Services Report CDS-18-043 be approved as follows:

1.1 The application for Official Plan Amendment for 493-507 Line 2 Road be approved;

1.2 The draft Official Plan Amendment and Schedule for 493-507 Line 2 Road, attached as Appendix B to this report, be forwarded to Council for adoption;

1.3 The application for Zoning By-law Amendment for 493-507 Line 2 Road be approved; and

1.4 The draft Zoning By-law Amendment and Schedule for 493-507 Line 2 Road, attached as Appendix C to this report, be forwarded to Council for adoption.

APPROVED.

Councillor Paolo Miele resumed the Chair.

CDS-18-045 Northwest and Southeast Corner of John Street West and Victoria Street

Discussion took place regarding:

• maintaining trees
• options in the report

Moved by Councillor Jim Collard that the recommendation contained in Community & Development Services Report CDS-18-045 be amended and approved as follows:

1.1 that the current conditions of draft approval stand, and reports regarding the required subdivision agreements be forwarded to Council.

APPROVED, AS AMENDED.

CS-18-017 Council Meeting Schedule for 2019

Discussion took place regarding:

• future Council setting meeting times
• future Council should consider combined COTW and Council

Moved by Councillor Jamie King that the recommendation contained in Corporate Services Report CS-18-017 be approved as follows:

1.1 that the proposed schedule for meetings of Council for 2019, as outlined in Appendix I, be approved in principle.

APPROVED.

7. INFORMATION PACKAGES

Moved by Councillor Maria Bau-Coote that the July 19, 2018, July 26, 2018, August 2, 2018 and August 9, 2018 Information Packages be received.

APPROVED.

8. NEW BUSINESS

Discussion took place with regard to:

• Parking concerns - Chautauqua area (info report)
• Report of Marvin J. Huberman, Ombudsman - Niagara Region
  

Moved by Councillor Maria Bau-Coote that Section 2.2 of the Town's Procedural By-law No. 4675-13, that the rules and procedures contained herein may be suspended, at such times and upon such conditions as may be deemed appropriate, by an affirmative vote of Two Thirds of Council, in order to permit a motion with regard to the report of Marvin J. Huberman, Ombudsman, dated June 29, 2018 to Niagara Regional Council.

APPROVED.

Moved by Jamie King that be it resolved that the Council of the Corporation of the Town of Niagara-on-the-Lake has received the report of Marvin J. Huberman, Ombudsman, dated June 29, 2018 (information package dated August 9, 2018) to Niagara Regional Council;

AND FURTHER that the Town wishes to issue a factual clarification to this report, specifically Section 74 that at no time would any candidate for the position of CAO for Niagara-on-the-Lake ever receive the names and biographies of other candidates for that position, and that the Town undertook considerable expense and effort to ensure the integrity of the hiring process (CAO recruitment 2016);

AND FURTHER the Town circulate this statement to the Niagara Regional Council and the St. Catharines Standard in acknowledgement of the importance of reinforcing our citizens awareness of and faith in the integrity of the Town's hiring processes;

AND FURTHER a copy of this resolution be provided to Mr. Huberman with a request that he amend the factual inaccuracy in his report, specifically Section 74.

APPROVED.


(a) Notice of Motion - Water Quality Testing - Ryerson Beach

Councillor Jim Collard put forth a notice of motion regarding water quality testing - Ryerson Beach

(b) Notice of Motion - Cannabis

Councillor Betty Disero put forth a notice of motion regarding cannabis

(c) Notice of Motion - Policy/Permit system for protesting in NOTL

Councillor Paolo Miele put forth a notice of motion regarding policy/permit system for protesting in Niagara-on-the-Lake


(e) Notice of Motion - Municipal Accommodation Tax

Councillor Paolo Miele put forth a notice of motion regarding the Municipal Accommodation Tax.

9. CLOSED SESSION

Due to the late hour the Closed Session was cancelled.

10. ADJOURNMENT