the municipal corporation of the town of fort · pdf filethe municipal corporation of the town...

The Municipal Corporation of the

Town of Fort Erie

BY-LAW NO. 132-12

BEING A BY-LAW TO ENACT AN AMENDMENT TO THE

OFFICIAL PLAN FOR THE TOWN OF FORT ERIE

AMENDMENT NO. 9

COMMUNITY IMPROVEMENT POLICIES

AMENDMENT File No. 350302.0071

THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF FORT ERIE IN

ACCORDANCE WITH THE PROVISIONS OF SECTION 17 OF THE PLANNING ACT S.O.

1990 HEREBY ENACTS AS FOLLOWS:

1. THAT amendment No.9 to the Official Plan for the Town of Fort Erie consisting of the attached

explanatory text is hereby adopted.

2. THAT this by-law shall come into force and take effect on the day of the final passing thereof.

3. THAT pursuant to the provisions of Sections 23.1 to 23.5 inclusive of the Municipal Act, 2001,

as amended, the Clerk of the Town of Fort Erie is hereby authorized to effect any minor

modifications or corrections solely of an administrative, numerical, grammatical, semantical or

descriptive nature or kind to this by-law or its schedules as such may be determined to be

necessary after the passage of this by-law.

READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 10TH DAY OF

DECEMBER, 2012.

_______________________________________

MAYOR

_______________________________________

CLERK

I, the Clerk, Carolyn J. Kett, of The Corporation of the Town of Fort Erie hereby certify the foregoing to be a true certified

copy of By-law No. 132-12 of the said Town. Given under my hand and the seal of the said Corporation this ____ day of

_______,2012.

_______________________________________

Town of Fort Erie - Official Plan Amendment No. 9— Community Improvement Plan Policies — Adopted December 10th, 2012

AMENDMENT NO. 9

TO THE OFFICIAL PLANFOR THE TOWN OF FORT ERIE

Town of Fort Erie - Official Plan Amendment No. 9—Community Improvement Plan Policies — Adopted December 10th, 2012

CONTENTS

PART “A” - THE PREAMBLE

Section 1 - Title and Components

Section 2 - Purpose of Amendment

Section 3 - Location of this Amendment

Section 4 - Basis of this Amendment

Section 5 - Implementation

PART”B” - THE AMENDMENT

Introductory Statement

Details of the Amendment

PART “C” - THE APPENDICES

Appendix 1 - Plan Showing Subject Lands (Location Map)

Appendix 2 - Notice of Public Information Processes

Appendix 3 - Public Meeting Minutes

Appendix 4 - Circulation Comments

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PART “A” - THE PREAMBLE

SECTION 1TITLE AND COMPONENTS

This document, when approved in accordance with Sections 17 of The Planning Act, 1990, shallbe known as Amendment No. 9 to the Official Plan of the Town of Fort Erie.

Part “A”, the Preamble does not constitute part of this amendment.

Part “B”, the Amendment, consisting of the following text constitutes Amendment No. 9 to theOfficial Plan of the Town of Fort Erie.

Also attached is Part “C”, the Appendices, which does not constitute part of this amendment.These Appendices contain the background information, planning considerations and publicinvolvement associated with this amendment.

SECTION 2PURPOSE OF THE AMENDMENT

The Town’s Official Plan contains Official Plan policies enabling the Town to approveCommunity Improvement Plans anywhere within the urban area to accomplish certainredevelopment objectives. The Town proposes to amend the Official Plan to allow the lands ofthe Canadian Motor Speedway, recognized as a “strategic location for investment”, but outsidethe urban area, to be included in the Town of Fort Erie Gateway Economic Zone CommunityImprovement Plan, provided the land use is permitted after any legislative challenges to theOntario Municipal Boards approval of the development.

SECTION 3LOCATION AND SElliNG OF THE AMENDMENT

The lands, which are the subject of this amendment, are located generally south of BowenRoad, north of Gilmore Road and west of the Queen Elizabeth Highway. The lands are morespecifically identified on Schedule A of the Official Plan as Site Specific Policy Area # 12.

The proposed amendment will permit the lands associated with the Canadian Motor Speedway(CMS) to be included in a Community Improvement Plan. The inclusion of the CMS lands into aCIP will provide for incentives and strategies to allow the key employment sectors of thedevelopment to develop as soon as possible.

Town of Fort Erie - Official Plan Amendment No.9—Community Improvement Plan Policies —Adopted December 10th, 2012

SECTION 4BASIS OF THE AMENDMENT

The basis for permitting this amendment is as follows:

a) In general, it is appropriate for community improvement policies to apply within theurban area as that is where the focus of development is directed to. However, theCanadian Motor Speedway is an important employment generator. These landsshould be included within the Gateway Economic Zone Community Improvement Planas the creative package of incentive tools and leadership strategies offered by the CIPcould assist in bringing all the components of the development to complete build outstage at a faster rate. It is important that employment sectors associated with thespeedway itself receive the same opportunities as other strategic locations forinvestment in order to ensure the synergies of the development are maximized.

b) The proposed Official Plan amendment has been structured to deal with the CanadianMotor Speedway lands only and not open the door for other lands outside the urbanarea boundary to be included within Community Improvement Project Areas.

c) Section 28 of the Planning Act does allow the municipality to develop CommunityImprovement Plans outside the urban area boundary.

d) While the proposed Fort Erie Gateway Economic Zone and Centre CommunityImprovement Plan (Gateway CIP) includes the lands of the Canadian Motor Speedway(CMS), this proposed Official Plan amendment provides flexibility for qualifieddevelopment on these lands to be part of the proposed Gateway CIP or otherCommunity Improvement Plan.

e) Regional Council acknowledged the importance of the CMS in approving amodification to RPPA 1-2012 recognizing the CMS development as significantemployment uses and considered to be a Strategic Location for Investment, not withina settlement area.

f) The potential effect of the proposed amendment on the financial position of themunicipality is determined by the details of the proposed Community ImprovementPlan that would apply to the CMS lands.

SECTION 5IMPLEMENTATION

The proposed amendment will permit the Canadian Motor Speedway lands to be included withina Community Improvement Project area and Community Improvement Plan, which couldinclude the proposed Fort Erie Gateway Economic zone Community Improvement Plan. Section28 allows municipalities to identify community improvement project areas which can be a

Town of Fort Erie - Official Plan Amendment No. 9— Community Improvement Plan Policies—Adopted December 10th, 2012

municipality or any part there of as directed by the Official Plan. Further community economicdevelopment can be a reason for identification.

PART “B”THE AMENDMENT


PART “B” - THE AMENDMENT

All of this part of the document entitled “Part “B” - “The Amendment” consisting of text changesconstitute Amendment No. 9 to the Official Plan adopted by By-law No. 150-06 for the Town ofFort Erie Planning Area. The Official Plan for the Town of Fort Erie, as amended, is herebyfurther amended by the following text change:

Text Changes:

Policy 6.1 II of the Official Plan is proposed to be amended by the addition of the followingwording at the end of the policy.

“In addition, the lands of the Canadian Motor Speedway identified as SiteSpecific Policy Area 12 on Schedule “A” of the Official Plan, should Official PlanAmendment No. 4 be approved by the Ontario Municipal Board, are significantemployment uses and are considered a “strategic location for investment” notwithin a settlement area (urban area) that can also be included within both aCommunity Improvement Project Area, designated by by-law and CommunityImprovement Plan.”

PART “C”THE APPENDICES


PART “C” - THE APPENDICES

Appendix 1 — Location Map

Appendix 2 - Notice of Public Meeting

Appendix 3 - Public Meeting Minutes

Appendix 4 - Circulation comments

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APPENDIX “2” - PART C - OFFICIAL PLAN AMENDMENT 9TOWN OF FORT ERIE - COMMUNITY IMPROVEMENT POLICIES

- NOTICE OF PUBLICfoRTfIt MEETING(S) AND OPEN

Ciir Ciis ‘iüU L tU’P

HOUSEFort Erie Gateway Improvement Plan (CIP)For Employment Lands and RelatedOfficial Plan Amendment

PUBLIC MEETING DATE: MONDAY, NOVEMBER 5th, 2012TIME: 6:00PMLOCATION: COUNCIL CHAMBERS

TOWN HALL - 1 MUNICIPAL CENTREDRIVE, PORT ERIE

Note: Separate statutory public meetings will be held for the consideration of theproposed Gateway Community Improvement Plan (CIP) and proposed Official Planamendment.

OPEN HOUSE DATE: THURSDAY, OCTOBER 25th, 2012TIME: 6:00 PM to 7:30 p.m.LOCATION: FRONT ATRIUM

TOWN HALL. 1 MUNICIPAL CENTREDRIVE, PORT ERIE

ABOUT THE COMMUNITY IMPROVEMENT PLAN

Strategic Locations for inveetment The Town of Fort Eric hasGateway Community improvement Plan initiated a Community

Improvement Plan (CIP) for

N’the employment landswithin Fort Erie that arc

I p identified as provinciallyand regionally important bythe Provincial Growth Planand Regional Policy Plan,

*ZI as amended. The CIP.“ t(ITItI

provides a comprehensiveframework for the

RD

•_ ../ introduction andDØ’ 0”’ implementation of financial

incentive programs (TaxIncrement Grant Program)ø,,•. rand municipal leadershipactions in order to support

) L)’I economic development andjob creation.

Strategic locations for investment are identified on the above map. While the CIPprograms apply to employnwnt lands in general, fnancial incentive programs aretailored over a longer time period for lands identified as strategic locations forinvestment. The CIP programs generally apply to employment lands within theurban area, although the local CIP is proposed to apply to the Canadian MotorSpeedway lands as a “significant location for invstment” should the OntarioMunicSpal Board approve the proposed Canad:an Motor Speedway as a land usefor the subject lands. The proposed Fort Eric CIP is similar to a CIP endorsed byRegional Council in order to maximize incentive programs for development.

ABOUT THE RELATED OFFICIAL PLAN AMENDMENT

The Town’s Official Plan contains policies enabling the Town to approveCommunity Improvement Plans anywhere within the urban area to accomplishcertain redevelopment objectives. The Town proposes to amend the Official Planto allow the Canadian Motor Speedway, recognized as a “strategic location for

APPENDiX 2” - PART C - OFFICIAL PLAN AMENDMENT 9TOWN OF FORT ERIE - COMMUNITY IMPROVEMENT POLICIES

investment”, but outside the urban area, to be included in the Gateway CIP,provided the land use is approved by the Ontario Municipal Board.

HAVE YOUR SAY

Input on both the proposed Community Improvement Plan arid related OfficialPlan Amendment are encouraged. You can provide input by attending the OpenHouse and more importantly speaking at the scheduled public meetings. You arenot required to register in advance to speak at the public meeting.

Written submissions for the public meeting(s) should be made on or beforeNovember 5th, 2012. Written comments should be directed to:

Dave Heyworth, MCIP, RPP, Manager-Land Use PolicyCommunity and Development Services Department,Town Hall, 1 Municipal Centre Drive,Fort Erie, Ontario L2A 256Or

By e-mailing your comments to DHevworthatown.forterle.on.ca

MORE INFORMATION

1’or more information, please contact Dave Heyworth, MCIP, RPP at (905) 871-1600 ext. 2504 or visit the Community and Development Services counter atTown Hall between 8:30 a.m. and 5:00 p.m. A copy of the proposed CommunityImprovement Plan and Official Plan Amendment will be available for publicreview at the Community and Development Services counter up until theMeeting. The document is also available on the Town’s website www.forterie.ca.Refer to the “Announcements” section on the main page to access the documentlinks.

An Information Report will be available at Town Hall or as part of the on-linemeeting Agenda package on the Thursday prior to the scheduled Public Meetingdate. Town Council has not made a decsion on this proposed Amendment. ARecommendation Report will be prepared by Community and DevelopmentServices staff for consideration by Council at a subsequent meeting, after thePublic Meeting.

Niagara Region Is the approval authority for the proposed Official PlanAmendment and Town Council is the approval authority for the CommunityImprovement Plan. Should Town of Fort Erie Council adopt the Official PlanAmendment, :t will be forwarded to Niagara Region for final approval. If you seekto appeal a Regional dec.sion to approve the Plan to the Ontario MunicipalBoard, any such appeal is required to be filed with the Regional Clerk. Detailson filing an appeal will be provided In the Town’s Notice following adecision on Adoption.

LEGAL NOTICE

If a person, or public body, does not make oral submissions at a public meeting,or make written submissions to the Town of Fort Erie before the proposedOfficial Plan amendment is adopted, or Community Improvement Plan isapproved, the person, or public body, is not entitled to appeal the decision of theapproval authority to the Ontario Municipal Board.

If a person, or public body, does not make oral submissions at a public meeting,or make written submissions to the Town of Fort Erie before the proposedOfficial Plan amendment is adopted, or Community Improvement Plan isapproved, the person, or public body, may not be added as a party to the hearingof an appeal before the Ontario Municipal Board unless, in the opinion of theBoard, there are reasonable grounds to do so.

If you wish to be notified of Town Council’s decision on either the adoptionof the Official Plan amendment or approval of the CommunityImprovement Plan, you must make a written request to the Town Clerk.

APPENDIX “2 - PART C - OFFICIAL PLAN AMENDMENT 9TOWN OF FORT ERIE - COMMUNITY IMPROVEMENT POLICIES

To request a written notice of adoption on the proposed Amendment, please senda request to Ma. Carolyn Kett, Town Clerk, 1 MunicIpal Centre Drive, FortErie, Ontario, L2A 2S6. Any such request should include the name andaddress to which such notice should be sent.

Dated this 13th day of October, 2012

Carolyn Kett, Town Clerk Richard Bmdy, MA. MCIP, RPPTown Clerk Dlxector, Community and Development Beivices

F FORTIRIEViCeS

Fort Erie, ON, L2A 2S6-1600 • I-ax 871-4022 • www.fprteriepn.caNCY TELEPHONE INFORMATION 905-871-1600ENCY INFORMATION 91.7 FM - 105.7 FM - 610 AM

PUBLIC NOTICESr NOTICE OF PUBLIC MEETING(S)AND OPEN - HOUSE

FORT ERIE GATEWAY IMPROVEMENT PLAN (CIP) FOR EMPLOYMENTLANDS AND RELATED OFFICIAL PLAN AMENDMENTPISIJC MEETING DATE: MONDAY. NOYEM8ER 5th, 2012TIME: 800PMLOCATION: COUNCIL CHAMSERS. TOWN HALL-I MUNICIPAL CENTRE DRIVE. FORT ERIENote: Separil. staIuIoq publIc mnltn04 will be held for lie coedderetlea ot lie posed Gefowny Cominunltplmpmwm,nt Pun (CIP) and pcopased Olfictol Plan amendment.OPEN HOUSE DATE: THURSDAY. OCTOBER 251k. 2012TIME: 6:00 PM to 7:30 p.m.LOCATION: FRONT ATRIUM, TOWN HALL-I MUNiCIPAL CEIITRE DRIVE, FORT ERIEABOUTTHECOMMUNITYIMPROV!HENTPLAII

—lIwTowaotFodEmilidatonmlyInWrolPIan{CP)torthe [emptoyn bob wdhin Fret Ere ff01 are irtitred as pronorcialfy and regionyirrortanlbytheProwthPherand PohcyPfan as

an.TheClPpracreneekamonock rtheheroionandirgilmonriblhon of hrwmiai irxeiliie peogialm (Tan hicmneet Gwi Progiasn) -watnhasto1Udpdono1dwfopooonmtdowIoprfi1mi Ijobcemtksr ‘ It

çwlebobihedoneatei.#aIeUP ‘progran a ybleogiloynmit beets ingerwial, fica01al repoogiams arehecred aver atonbnwpeo01 for lerdsflategfoonsforvhoent The CS’ poograrm gererally apply to onyloyrmot herds wilma lmurban am. albaugh Ire focat tIPs poeponed to apply to the Caindian MofreSpeedway lands as a sigrd0raot lotion for iowsthrevf slreidd the OrlinoMunicpal Goad appoove Ire proposed Canadian Motor Speedway as a land usetar Ire wbl lands. 11w proposed Fob Erbl tIP is similar to a CI’endoised byIloglenal Contrail to order to rrsexmrze irrnde progranas lot dweloABOuT THE RELATED OFFICIAL PLAN AMEKOINI

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The Tori Official Plan cardairrs policies erobleig Itre Town fo approve Cremruerty lnrovmronl Plans anmtase reton the when ai toaccanglerh ordain redeedopoasrt oons Their proyrfo anasid tie Official Plan to aow Ire Cariartian Mat or Speedway. rorciymzedasa slbeegicloratonlor bwenontbeboibsjdeftewbaaagmjoheiotbeknUmGiauoyCllpronidedttrebroitoeLSapprOvedbyOreOrdaric Muricipel BondHAVE YOUR SAYnpbl on both Ihe proposed Corenrouly InrovmrwE Flat read related Oflolal Plan Amordorent are or.ouraped. You on provide got byattogtheOponK&nearempodantlyspngiUdupubFcnedwgs.YouareOtumgiadnaraetospHA

WrIter srItnossoos br Ire pvbhc iTmiu(s) should boniedeoru or before Monwdam 5th. 2012. Write, coanrierts aoubl he direded to.Owe Hevw.rth, UCIP. RPP Manager-lied Uii PeNny CeweenWfl aid Owdapanert Semicen OepaeKaeet,Town flail, I Monlolpal Ceofre Ddr, Fort Eila, OMaele LZA 210Orby n-miNIng per commeeb he Dl i11....bitedi.ie UMORE IORFm mote idorouben, plowa contad (lane I*pottr, MCII 1*’? at (106)171-1500 eat. 2504c’ srt the Convun*y readServices coijbe at Tow flal beiwea &20 a.os arid 5 pm A copy of the prcçiosed Conninity hnpronemeot Plan wet Olhciab Pk

wd the Meiloug lbedecwieot tsakalemlieilaaaIWer lotte mowotnts sottico ma Ire nn pege to ascess Ire dxwrei loIs.M Aapodd iTo loran ad cd eon-tore meatogAgenda takage on SeT joe to SesdidufodPublic MeetIng dile Ceiredi hes red nate a dwiscn on this proposed Mmidima A Roronmiendabon RepaY will tie prebaned by(loammiewid ttoiNtMwáGorvlCes tfotcamatecation byCoemsil at a subsegiat nre, atm Ow Public Meetintimute ltqIei fo .ppeewel nuledip be Me progeend Official Plan Aeieieci and Tiwe Ceincli ic be. approulIIbeIISy be Me Ceweub L.,,.,,,..uI Plan. Shourd Town 01 Fob Era Ceuxi alopt the Oftca Flair MreroirnerL I wIll Lw IceowNiagwaRololiI neil mlopaolaRegionidesmsfonnPlantoheidhbmraeiBoard.anyfling en appeal whit he pmilded he Me Tune Kale, blew

X NOTICE**IT ERIE 2012 FINAL TAXEStRIAL & MULTI-RESIDENTIAL PROPERTIESr DUE MONDAY, OCTOBER 15, 2012

it, 2001 a MipjguojTax Sales Rules mede under

sutenrssireesfottrelown;f Fort Era bdoietm

required to pay the amount tendered plus accumulatedd -(ST if applicable.to provide vacant possession to the successful unless nonoffleBowdihereareimsrebeuegiouidsfodosoOffice Hours: 8:30 am. to &cludelen WdUiiIKa aOI’Me’iffbtak10an ameadmeci wi appraval atbe Cammeuhly Impteumeet Plan. ru must mate a mitten runest he It’s Twe CIse, .,,,,1 .. ,.,,n,, ,.f ii, ,..k,..4 .4


Saturday, October 13, 2012 • Fort Erie Times 9

ONTARIO

Our Focus: Your Future

yment of taxes, please refer to the back of your tax billm. — 5:00 p.m., Monday through FridayIt, Municipal Centre, Forl Erie, Ontarioized bank withdrawal are available for accounts with pastintormat ion contact: Town of Fort Erie at (905) 871 1600

CIPAL AT, 2001

S BY PUBLIC TENDERI OF THE TOWN OF FORT ERIEfor the purchase of the land(s) described below and will beober 23,2012 at the Municipal Centre, Clerks Department,ario, L2A 2S6.ic on the same day at The Municipal Centre, Conference

Mfnimum TenderAmount $

92 TO LOT 1194 $2107928

IRREG $18,987 02

PT LOT 28 REG $21,633.411-01l1(LT)

ibed form and must be accompanied by a deposit in ther certied cheque by a bank or trust corporation payableast 20 per cent of the tender amountno representation regarding the title to or any other mat

ponsibility for ascertaining these matters rests with the

APPENDIX “3” PART C - OFFICIAL PLAN AMEDNMENTTOWN OF FORT ERIE - COMMUNITY IMPROVEMENT POLICIES

COUNCIL-IN-COMMIUEE MINUTES — MONDAY, NOVEMBER 5, 2012PAGE SEVEN

upon the closing of the right-of-way which are zoned “Residential 2 R2Zone.” It is proposed the lands be rezoned to a “Residential Multiple RM1Zone” to provide maximum marketability and to permit the full range ofresidential uses including single detached, semi-detached, duplex, triplexand townhouse dwellings including home occupations.

Mr. Kemahan explained the Town has two (2) development concepts forthe Washington Road lands which would be permitted by the proposed“Residential Multiple 1 RMI Zoning.” The final concept will be subject to adraft plan of subdivision and/or condominium and follow a public processin accordance with the requirements of the Planning Act. One concept islow density that includes 9 lots for 9 single detached dwellings, each withits own driveway onto Washington Road. The other concept is higherdensity for 22 row townhouse units fronting onto an internal privateroadway with two access points to Washington Road, each with its ownprivate driveway. An additional 17 visitor parking spaces would beprovided in the central portion of the site.

Mayor Martin Indicated the Committee would now hear from thoseperson(s) who wished to speak in favour of the application.

No person(s) came forward to speak in favour of the application.

Mayor Martin indicated the Committee would now hear from thoseperson(s) who wished to speak in opposition or to ask questions of theapplication.

No person(s) came forward to speak in opposition or to ask questions.

Mayor Martin announced the Public Meeting was now concluded.

(C) Official Plan Amendment

Re: Community Improvement Policies to allow Canadian MotorSpeedway to be included in a Community Improvement Project Areaand Plan

Mr. Heyworth delivered a power point presentation which can beaccessed in full text by clicking on the presentations link and a papercopy of same is also available in the Clerk’s Office.

Mayor Martin announced this portion of the meeting would be devoted tothe holding of a Public Meeting as provided for under the Planning Act,R.S.O. 1990, Chapter P.13 with respect to the Proposed Official PlanAmendment in order for the Community Improvement Policies to allowthe Canadian Motor Speedway to be included in a CommunityImprovement Project Area and Plan.

APPENDIX “3’ PART C - OFFICIAL PLAN AMEDNMENTTOWN OF FORT ERIE - COMMUNITY IMPROVEMENT POLICIES

COUNCIL-IN-COMMITTEE MINUTES — MONDAY, NOVEMBER 5, 2012PAGE EIGHT

Mayor Martin advised of the Public Meeting process and stated thepublic’s comments will assist staff in making a recommendation toCouncil in making a decision of the application. He encouraged the publicto state their concern this evening or in writing so they may have status inthe event of an appeal to the Ontario Municipal Board. He enquired as tothe manner and date upon which notice of the Public Meeting was given.

Mr. Heyworth informed notice of the Public Meeting was provided inaccordance with the Planning Act by placing a notice in the October 13,2012 edition of The Times newspaper and by mailing notice to relevantagencies for comment on October 12, 2012.

Mr. Heyworth explained the notice also advertised the holding of an OpenHouse for the proposed Official Plan Amendment and proposed GatewayCommunity Improvement Plan (CIP) held October 25, 2012 from 6:00-7:30 p.m. with six people attending.

Mr. Heyworth explained the Town’s Official Plan contains policiesenabling the Town to approve CIP’s within the urban area to accomplishcertain development objectives. The Town proposed to amend theOfficial Plan to allow the CMS recognized by the Region as a “strategiclocation for investment” but outside the urban area, to be included in aCIP, provided the land use is approved by the 0MB. The proposedamendment is complimentary to the proposed Fort Erie GatewayEconomic Zone CIP which is in process and being presented forinformation purposes.

Mr. Heyworth stated it is appropriate for community improvement policiesto apply within the urban area as that is where the focus of developmentis directed. However, planning staff are of the opinion the CMS landsshould be included within the Gateway CIP as the financial incentivesoffered by the CIP could assist in bringing all the components of thedevelopment to complete build out stage at a faster rate. It is importantthat employment sectors associated with the speedway itself receive thesame opportunities as other strategic locations for investment in order toensure the synergies of the development are maximized. The GatewayEconomic Zone CIP and the inclusion of CMS lands are discussed indetail in Report No. CDS-84-1 2 and associated power point presentation.

Mr. Heyworth advised the proposed Official Plan Amendment has beenstructured to deal with CMS lands only. The wording is flexible to allowthe CMS to be either part of the Fort Erie Gateway Economic Zone CIPor another CIP. Section 28 of the Planning Act allows the municipality todevelop CIP’s outside the urban area boundary. Mr. Heyworth recited theproposed amendment to Policy 6.1 II of the Official Plan.

Mayor Martin stated the Committee would now hear from any individualwho wished to speak in favour of the application.


APPENDIX “3” PART C - OFFICiAL PLAN AMEDNMENTTOWN OF FORT ERIE - COMMUNITY IMPROVEMENT POLICIES

COUNCIL-IN-COMMITTEE MINUTES— MONDAY, NOVEMBER 5, 2012PAGE NINE

Mayor Martin stated the Committee would now hear from any individualwho wished to speak in opposition of the application or to ask questions.



(d) Community Improvement Plan

Re: Proposed Fort Erie Gateway Economic Zone CommunityImprovement Plan (CIP) for Employment Lands

Mr. Heyworth delivered a power point presentation which can beaccessed in full text by clicking on the presentations link and a papercopy of same Is also available in the Clerk’s Office.

Mayor Martin announced this portion of the meeting would be devoted tothe holding of a Public Meeting as provided for under the Planning Act,R.S.O. 1990, Chapter P.13 with respect to the Proposed Fort ErieGateway Economic Zone Community Improvement Plan (CIP) foremployment lands.

Mayor Martin advised of the Public Meeting process and stated thepublic’s comments will assist staff in making a recommendation toCouncil in making a decision of the application. He encouraged the publicto state their concern this evening or in writing so they may have status inthe event of an appeal to the Ontario Municipal Board. He enquired as tothe manner and date upon which notice of the Public Meeting was given.

Mr. Heyworth informed notice of the Public Meeting was provided inaccordance with the Planning Act by placing a notice in the October 13,2012 edition of The Times newspaper and by mailing notice to relevantagencies for comment on October12, 2012.

Mr. Heyworth explained the notice also advertised the holding of an OpenHouse for the proposed Gateway Economic Zone CommunityImprovement Plan (CIP) and related proposed Official Plan Amendmentheld October 25, 2012 from 6:00-7:30 p.m. with six people attending.

Mr. Heyworth advised the Town of Fort Erie initiated a CIP for theemployment lands within Fort Erie that are identified as Provincially andRegionally important by the Provincial Growth Plan and Regional PolicyPlan, as amended. The Region endorsed a similar CIP to use as a basisfor Regional incentives for the Gateway Economic Zone and Centre. TheRegional CIP process was established with the original intention of allmunicipalities adopting the same Regional endorsed CIP to maximizeincentives, provide consistent opportunities for investment and a simplersystem. The key difference between the proposed Fort Erie CIP andRegional endorsed CIP is the Town’s CIP proposes to include the landsof the Canadian Motor Speedway (CMS).


COUNCIL-IN-COMMIHEE MINUTES — MONDAY, NOVEMBER 5, 2012PAGE TEN

Mr. Heyworth stated the Region’s endorsed CIP does riot include thelands of the CMS as it only deals with employment lands withinsettlement areas (urban) and the CMS lands are not within the urbanarea. Regional Policy Plan Amendment 1-2012, the related RegionalLand Use Policy Plan amendment that established communityimprovement policies for the Gateway Economic Zone and Centrerecognized the CMS lands as “The lands of the Canadian MotorSpeedway, should Regional Policy Plan Amendment 3-2009 addingPolicy 6.A.19 to the Regional Policy Plan be approved by the OntarioMunicipal Board, are significant employment uses and are considered astrategic location for Investment not within a settlement area.”

Mr. Heyworth identified the components of the CMS development tocomplete build out stage at a faster rate that include employment sectorsassociated with CMS to receive the same opportunities as other strategiclocations for investment and development components from a land baseperspective since the CMS cannot be accommodated within the urbanarea boundary nor is it appropriate for such a use to be situated withinthe urban area from a land use compatibility perspective. This argumenthas been accepted by various government levels in the past. An 0MBdecision is pending.

Mr. Heyworth stated a working group session was held with areaplanners from the Region and local municipalities as well as economicdevelopment officers. The CMS was selected the No. 1 priority project foreconomic impact. Section 28 of the Planning Act allows municipalities toidentify community improvement project areas as directed by the OfficialPlan. Further community economic development can be a reason foridentification. The Town could initiate to process an individual CIP for theCMS lands, if not part of this CIP however, this would not make sensegiven the CMS development addresses many other Gateway EconomicZone initiatives.

Mr. Heyworth explained the key financial component of the plan is theTax Increment Based Grant Program. The proposed development chargeexemption is only Regional based at the current time and the Town wouldneed to determine its own structure for DC exemptions for employmentlands. The plan proposes a program which can be 5-10 years in durationbased on economic performance i.e. full-time jobs created andconstruction value; environmental design performance i.e. LEEDcertification; and project evaluation and scoring. The application isevaluated to determine program eligibility. If the project is eligible, localand Regional staff would jointly evaluate and score the application. If theapplication Is approved by local and Regional Council, once the project iscompleted, the as-built project performance score would be calculated bymunicipal staff. The Tax Increment Grant to be paid to the applicantwould be based on this score.

Mayor Martin stated the Committee would now hear from any indMdualwho wished to speak in favour of the application.


COUNCIL-I N.-COMMrrrEE MINUTES - MONDAY, NOVEMBER 5, 2012PAGE ELEVEN


Mayor Martin stated the Committee would now hear from any individualwho wished to speak in opposition of the application or to ask questions.



7) CONSENT AGENDA ITEMS7.1 Request to Remove Consent Agenda Item(s) for SeparateConsideration (No motion required)

NIL

7.2 Consent Agenda Item(s) to be considered in Block

7.3 COMMUNITY AND DEVELOPMENT SERVICES

(a) REPORT NO. CDS-87-1 2 THUNDER BAY ROADSEVERANCES - DEVELOPMENT AGREEMENT WITH1372708 ONTARIO LTD. (V. GIBBONS) - THUNDER BAYROAD, WEST OF PROSPECT POINT ROAD NORTH

THAT:The Town enter into a Development Agreement with 1372708 OntanoLtd. for Thunder Bay Road Severances, and further

THAT: Once the appraised value of the lands is received by staff the deposit forparkland dedication be revised in Schedule “F’ to represent the appropnateamount, and further

THAT:A by-law be submitted to Council authorizing the Mayor and Clerk to

execute the Development Agreement and associated documents.(CARRIED)

(b) REPORT NO. CDS-88-12 — LEVY’S COURT SUBDIVISION(FORMERLY KNOWN AS KRISTEN CLOSE SUBDIVISION) -

SUBDIVISION AGREEMENT AND PRE-SERVICINGAPPROVAL UPDATE - SOUTH SIDE OF DOMINION ROAD,WEST OF KRAFT ROAD

THAT:The Town enter into a Subdivision Agreement with 1769052 OntarioLimited for Levy’s Court Subdivision, and further

THAT:The developer be allowed to pre-service the subdivision prior to theregistration of the Subdivision Agreement subject to receipt of the finaldrawings, security deposit, cash payment, approvals. insurance certificate andletter of indemnification to the satisfaction of the Town, and further

THAT:A by-law be submitted to Council authorizing the Mayor and Clerk toexecute the Subdivision Agreement and associated documents. (CARRIED)


APPENDIX ‘2” TO ADMINISTRATIVE REPORT NO. CDS-83-12 DATED NOVEMBER 5, 2012

• PUBLIC WORKS DEPARTMENTNiagara Region Development Services Division2201 Si. David’s Road, P.O. Box O42

Thorold, ON L2V 4T7Tel: 905-6B54225

ToIlJreel-BOO-263-721 5Fax: 905-6874056

WWW.flldgararegiofl.caOctober 24, 2012

File: D. 10.01 .OPA-1 2-031

Mr. Rick Brady, MCIP RPPDirector, Planning and DevelopmentTown of Fort Erie1 Municipal Centre DriveFort Erie, ON - L2A 2S6

Dear Mr. Brady:

Re: Proposed Fort Erie Gateway Community Improvement Planand Related Official Plan Amendment

Thank you for circulating the proposed Fort Erie Gateway Community Improvement Plan(CIP) and a related Official Plan Amendment to Niagara Region to review. The Town iscommended for taking this initiative as financial incentives are an Important part of aRegional strategy to promote investment and employment opportunities within Niagara’sGateway Economic Zone and Centre. Regional staff has the following comments foryour consideration which have been coordinated by the Development Services Divisionin consultation with the Integrated Community Planning Department.

Proposed Fort Erie Gateway CIP

Niagara Region prepared a Master Gateway CIP, in consultation with the five localmunicipalities that comprise Niagara’s Gateway Economic Zone and Centre, to provideincentives for development and redevelopment of employment lands within settlementareas. The Master Gateway CIP was ‘endorsed’ by Regional Council and forwarded tothe local municipalities for ‘adoption”. This was necessary to meet legislativerequirements under Ontario Regulation 550106, which restricts Niagara Region fromdirectly offering grants and loans for prescribed matters related to employment lands.

There are two differences between the Master Gateway CIP endorsed by NiagaraRegion and the proposed Fort Erie Gateway Community Improvement Plan:

1) Inclusion of the Canadian Motor Speedway site; and2) the exclusionof a local development chaie grant program

Although the Master Gateway CIP is intended to provide a consistent program ofincentives programs, it recognizes that local adoption may include differences to reflectlocal economic conditions and strategies. The implications of these differences aregenerally outlined below:

Building Community. Building lives.


APPENDIX “2” TO ADMINISTRATIVE REPORT NO CDS-83-12 DATED NOVEMBER 5, 2012

1) Inclusion of Canadian Motor Speedway (CMS) site

The ‘Fort Erie Industrial Park’ east of the QEW was identified in the Niagara GatewayEmployment Lands Study (Dillon 2011) as one of six priority areas for Investment basedon these lands being within a settlement area that forms part of the Niagara EconomicGateway Zone.

Section 3.8 ‘Fort Erie Official Plan’ (pg. 16) of the Town’s proposed CIP, references aproposed amendment to allow the CMS lands, located outside of the approved UrbanArea, to be Included as part of the Gateway CIP. This is not consistent with theRegion’s Master Gateway CIP which is intended to provide incentives only fordesignated employment lands situated within settlement areas. The Town may offerincentives for the CMS, once it is approved by the Ontario Municipal Board. However,based on the Master Gateway CIP endorsed by Regional Council, Niagara Regionwould not be participating in incentive programs as these lands are not situated within asettlement area.

If the Town wishes to include the CMS in Its Gateway dPI provisions in Section 5.0‘Community Improvement Project Area’ (pg. 18) need to be changed to accuratelyreflect the Provincial Growth Plan, the Regional Policy Plan (as amended) and the intentof the Master Gateway CIP endorsed by Regional Council, as follows:

• Delete wording near the end of paragraph 4 that reads’ .. . . as well as any othersignificant employment lands identified as strategic locations for Investment inRegional Policy Plan Amendment 1-2009’• Delete reference to RPPA 1-2012 in the last paragraph.

2) Exclusion of a Local Develonment Chare Grant Prooram

The Town has chosen not to participate in the Development Charges Grant Program forlocal development charges. Niagara Region’s Development Charge Grant Programwould be applicable to exception projects (those scoring 14 or more points) onemployment lands in settlement areas. Investments In infrastructure by Niagara Regionand the Town need to be in alignment to ensure timely and cost effective delivery ofservices. While recognizing the Town’s current economic situation, there should besome consideration of a plan for phasing along with Infrastructure needs and fiscalimpacts. This will be particularly important for the future development of the CanadianMotor Speedway lands that are outside of the settlement area and not part of theRegion’s Development Charges Grant Program.

Proposed Official Plan Amendment

It is important that the Town’s Official Plan be updated to align and conform with theProvincial Growth Plan, Niagara Region’s Growth Strategy: Niagara 2031 (RPPA 2-2009) and the vision, strategy and action plan for Niagara’s Economic Gateway (RPPA1-2012). The Town’s Official Plan is a principle implementation tool that sets thedirection for land use, programs, projects and funding opportunities to support economicinvestment and employment opportunities. More specifically, policy 4.D.7 of RPPA 1-2012, provides several strategic actions that the Town needs to lake capitalize on, incollaboration with Niagara Region, to effectively implement the gateway employmentstrategy and market opportunities within the Fort Erie Industrial Park.

2


APPENDIX “2” TO ADMINISTRATIVE REPORT NO. CDS-63-12 DATED NOVEMBER 5, 2012It is our understanding that the Town will be completing the necessary policy update inthe near future. In addition, the Ontario Municipal Board Order on the Canadian MotorSpeedway development Is also expected shortly. In this regard, the Town shouldconsider proceeding with one amendment to its Official Plan for the changes to thecommunity improvement policies for the Canadian Motor Speedway lands and forrelated growth plan and Gateway economic policies. My amendment to the OfficialPlan adopted by Town Council would need to be forwarded to Regional Council for finalapproval as required under the Planning Act.

Conclusion

Niagara Region is proceeding with a marketing strategy for the Niagara EconomicGateway that will consider, among other matters, methods to coordinate Implementationof incentive programs between Niagara Region and local municipalities. IntegratedCommunity Planning staff will be preparing a report to Council to provide a status updateon the Niagara Gateway CIP and adoption by local area municipalities.

We would be pleased to further discuss the direction for the Town’s Gateway CIP andOfficial Plan at your earliest convenience,

Yours truly,

Peter Colosimo, MOIP, RPPDIrector, Development Services

C: Kirk Weaver, Director Community & Corporate PlanningMary Lou Tanner, Associate Director, Regional Policy PlanningMarilyn Radman, Manager, Development PlanningDiane Simsovic, Director, Economic Development

L:UColosimoPc1,GtawayOct IeItr to Brady

I

APPENDIX ‘4” - PART C - OFFICIAL PLAN AMENDMENT 9TOWN OF FORT ERIE - COMMUNITY IMPROVEMENT POLICIES

Page 1 of 1APPENDIX “3” TO ADMINISTRATIVE REPORT NO. CDS-83.42 DATED NOVEMBER 5, 2012

Fort Erie Gateway Improvement Plan I Official Plan AmendmentFyffe, Hugh (MTO)to:‘[email protected]’10/22/2012 10:51 AMHide DetailsFrom: “Fyffe, Hugh (MTO)” <Hugh.Fyffeontaiio.ca’

To: “‘[email protected]” <DHeyworthtown.forterie.on.ca>

History: This message has been replied to.

Mr. Dave Heyworth:

Thanks for the subject notification.

We note that the QEW traverses the Fort Erie Gateway Improvement Plan areas. The MTO has an interest In anyfuture developments in these areas particularly with respect to their impacts on the QEW corr dor.Please keep the MTO informed as the plan progresses and note that developments adjacent to the QEW corrtdorwill require MTO permits, prior to development of these sites.

Thanks.Hugh FyffeProject ManagerCorridor Management Section, MTO7Th Floor Building D1201 Wilson AvenueDownsview, M3M I JOTel. 4162354572

file://C:\Documents and Settings\DHeyworth\Local Settings\Temp\notes87944B\-webl6... 10/26 2012