Our Focus: Your Future Prepared for: Council-in-Committee Report No.: CDS Agenda Date: March 5, 2007 File No.:
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1 Town of Fort Erie Community & Development Services Our Focus: Your Future Prepared for: Council-in-Committee Report No.: CDS Agenda Date: March 5, 2007 File No.: Subject: PROPOSED DRAFT PLAN OF SUBDIVISION AND ZONING BY-LAW AMMENDMENT APPLICATION EAST SIDE OF SCHOOLEY ROAD, SOUTH OF ELIZABETH ROAD NIAGARA PENINSULA HOMES INC RICK BRADY AGENT Recommendations: THAT Council consent to the Minutes of Settlement between Niagara Peninsula Homes and Peter Henry. List of Stakeholders: Niagara Peninsula Homes Inc (Betty Ann Baker) Peter Henry Prepared by: Submitted by: Approved by: Original signed Original signed Original signed Joe Mrozek Manager Development Approvals R. Mostacci,MCIP, RPP Director, Community & Development Services H. Schlange, MBA Chief Administrative Officer RM:ggf
2 Community & Development Services Report No. CDS Page 2 of 3 Purpose of Report The Town has received a copy of the Minutes of Settlement between Niagara Peninsula Homes, Inc and Mr. Peter Henry concerning his appeal to the Ontario Municipal Board dated September 29 th, 2006 relative to Council s approval of Zoning By-law Bylaw was a by-law passed by Council on September 25 th, 2006 approving an application by Niagara Peninsula Homes to permit the lands on the east side of Schooley Road south of Elizabeth Road (Appendix 1) to be developed for a condominium block townhouse development with 46 dwelling units. Mr. Henry s property is located at the southeast corner of the subject lands. Analysis Prior to the commencement of the OMB Hearing, the appellant and the property owner reached a settlement that is mutually acceptable to both. The settlement involves the transfer of the triangular portion of the applicant s property shown as Part 2 on Appendix 2. Mr. Henry has requested the Mayor and Clerk consent to the Minutes of Settlement by signing the Agreement. Town Planning Staff and the Town Solicitor reviewed the Minutes of Settlement as well as the proposed transfer and have no objection as it is consistent with Council s approval of the application. On this basis, the Agreement has been signed by the Mayor and Clerk, and it is appropriate for Council to consent to same. Financial Staffing Implications All costs associated with the Minutes of Settlement are the responsibility of Niagara Peninsula Homes Inc. and Mr. Henry. Comments from Relevant Departments/Community and Corporate Partners Comments from relevant Departments are not applicable. Alternatives None recommended Conclusion Council should pass a resolution recognizing the validity of the Mayor and Clerks consent to the Agreement nunc pro tunc.
3 Community & Development Services Report No. CDS Page 3 of 3 Attachments Appendix 1 Location Map Appendix 2 Map of Lands to be transferred Appendix 3 Minutes of Settlement Agreement
4 BEECHWOOD BEECHWOOD BEECHWOOD BEECHWOOD BEECHWOOD BEECHWOOD BEECHWOOD BEECHWOOD BEECHWOOD AVE AVE AVE AVE AVE AVE AVE AVE AVE SCHOOLEY SCHOOLEY SCHOOLEY SCHOOLEY SCHOOLEY SCHOOLEY SCHOOLEY SCHOOLEY SCHOOLEY RD RD RD RD RD RD RD RD RD CHERRYWOOD CHERRYWOOD CHERRYWOOD CHERRYWOOD CHERRYWOOD CHERRYWOOD CHERRYWOOD CHERRYWOOD CHERRYWOOD AVE AVE AVE AVE AVE AVE AVE AVE AVE ASHWOOD ASHWOOD ASHWOOD ASHWOOD ASHWOOD ASHWOOD ASHWOOD ASHWOOD ASHWOOD AVE AVE AVE AVE AVE AVE AVE AVE AVE ELMWOOD ELMWOOD ELMWOOD ELMWOOD ELMWOOD ELMWOOD ELMWOOD ELMWOOD ELMWOOD AVE AVE AVE AVE AVE AVE AVE AVE AVE CRYSTAL CRYSTAL CRYSTAL CRYSTAL CRYSTAL CRYSTAL CRYSTAL CRYSTAL CRYSTAL PLAZA PLAZA PLAZA PLAZA PLAZA PLAZA PLAZA PLAZA PLAZA OXFOR OXFO OXFOR OXFO MAPLEWOOD MAPLEWOOD MAPLEWOOD MAPLEWOOD MAPLEWOOD MAPLEWOOD AVE AVE AVE AVE AVE AVE APPENDIX "1" TO ADMINISTRATIVE REPORT CDS MARCH 5, 2007 REBSTOCK RD CHERRYWOOD CHERRYWOOD CHERRYWOOD CHERRYWOOD CHERRYWOOD CHERRYWOOD CHERRYWOOD CHERRYWOOD CHERRYWOOD AVE AVE AVE AVE AVE AVE AVE AVE AVE N N N N N N N N N ASHWOOD ASHWOOD ASHWOOD ASHWOOD ASHWOOD ASHWOOD ASHWOOD ASHWOOD ASHWOOD AVE AVE AVE AVE AVE AVE AVE AVE AVE N N N N N N N N N ELIZABETH RD Subject Location OXFOR OXFO OAKWOOD OAKWOOD OAKWOOD OAKWOOD OAKWOOD OAKWOOD OAKWOOD OAKWOOD OAKWOOD AVE AVE AVE AVE AVE AVE AVE AVE AVE MAPLEWOOD MAPLEWOOD MAPLEWOOD AVE AVE AVE GLENSPRING RD - Subject Location Town of Fort Erie Community & Development Services March 2007
5 APPENDIX "2" TO ADMINISTRATIVE REPORT CDS MARCH 5, 2007
6 APPENDIX "3" TO ADMINISTRATIVE REPORT CDS MARCH 5, 2007
7 APPENDIX "3" TO ADMINISTRATIVE REPORT CDS MARCH 5, 2007
8 APPENDIX "3" TO ADMINISTRATIVE REPORT CDS MARCH 5, 2007
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